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I think this rather defies the point of democracy. If the majority of people are criminals then technically the government should reflect that.
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If this was the case we would be in state of anarchy. Democracy should only be for the positive contributing members of society.
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As mentioned the criminal KNOWS what he plans to do and therefore can have a bigger gun and the element of surprise
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Not sure what your point is here, are you agreeing that as the criminal knows what he is doing if he is injured or killed in the act then he should not have any comeback?
If so - I agree